Overstay Situation

[roverb]

O.k. I have been in Canada for ten-eleven years with no legal status (american). When I came here, passports were not required. I entered on a Certificate of Citizenship back then. Didn't have any photo ID and I've never been issued a US passport. As such, nothing was ever stamped etc.

This entire time I have NOT worked illegally. My fiance has supported me. Why haven't I filed for PR status as fiance/wife? Because I have no photo ID that the application requires. I haven't gone back to USA because I have no idea how to do so.

We want to get married. Here is what I was thinking...please rip my plan apart/add ideas/etc

Get married (city of toronto doesn't require photo id for marriage license)
I go home so I can obtain photo ID. To get home I was told I can get my passport at US consulate. Will they care about my overstay here? Should I lie and say I came just before border pssports were a requirement? How do I prove who I am at the consulate? I have proper birth certificate, as well as my social security number (just number not card itself) and my Mother (usa citizen) would be willing to come here to bring my to consulate if it helps for identification purposes. Im sure some detail/question has been forgotten. thanks for any help.

 

[plumosa]

I would greatly advise against lying about anything. This is one of the questions you will have to answer in your application:



"Provide the details of your personal history since the age of 18.
Start with the most recent information. Under "Activity" write your occupation or job title if you were working. If you were not working, provide information on what you were doing (for example: unemployed, studying, travelling, in detention, etc)

Note: Please ensure that you do not leave any gaps in time.

Failure to account for all time periods will result in a delay in the processing of your application"

This link will have more information about your legal status in Canada.
http://www.cic.gc.ca/english/information/applications/guides/5289E10.asp

 

[roverb]

I am not really asking about the application to apply for PR here, since how can I apply from here inside canada without photo ID, just my birth certifcate? As far as I know, I can't. I know if i wasnt an idiot kid when i originally came here i could file becuase i'd have photo ID. But I dont.

I came here before passports were required. So nothing was stamped. But also, that's left
me with no photo ID, only a birth certificate, during this entire ten year over stay. I
want to return to the USA to get my ID and possibly file for PR from outside while I am
there, but I need to get there.

As I stated before, I was told the USA consulate here can issue me a passport. But will they
care about my overstay here? How will I prove my identity with no photo id? My mother is
willing to come here if they need someone to vouch for me. But I am not even sure its
true I can get a passport here. That's another question.

 

[Leon]

I don't think the US consulate will care about your overstay at all. You are a US citizen, you need a passport, they give you one. You should talk to them anyway.

You can apply for PR without leaving Canada though. You can apply inland. Your illegal status will not prevent you from being sponsored for PR.

 

[roverb]

Hi.

My illegal status won't prevent me from from applying while in Canada I know. But the fact I don't have photo ID to
apply with certaintly will won't it?

Also, I have NOTHING but birth certificate, and social security number (but not card just
number) will that be enough for consulate to give me passport?

If so,
will the passport be temporary or conditional? I.E. I leave right away or?

If that's not enough identification for the consulate to issue me passport, what
would be? I heard someone a american citizen can vouch for you but that seems like
hearsay.

 

[kolibri]

here what I found:
http://www.consular.canada.usembassy.gov/passports.asp

and the checklist if you apply for passport in Canada:

Checklist

The following is a checklist of items which must be submitted in person to the Consular Section - American Citizen Services - of the U.S. Embassy/Consulate. If you wish to print this list then it is recommended that you use the Print Version linked at the bottom of this page.

All applicants must appear in person

1. Completed Form DS-11 - Do not sign
If you are applying to replace a lost or stolen passport, you must also complete and submit Form DS-64 Statement of Lost or Stolen Passport.
Forms are also available at the nearest U.S. Embassy/Consulate.

2. Proof of U.S. Citizenship - Examples:
An original certified copy of your U.S. birth certificate issued with the impressed seal of the state in which you were born.
Hospital birth certificates, Notifications of Birth Registration and copies of documents certified by notaries cannot be accepted.
A Certificate of Naturalization or Certificate of Citizenship.
If the document does not show your exact date and place of birth, then also include a certified foreign birth certificate.
Consular Report of Birth Abroad (FS-240 or FS-545)
If you were born outside of the United States to a U.S. citizen parent or parents and were registered abroad as a U.S. citizen.
If you have been previously included in another's U.S. passport
bring the passport together with a certified copy of your birth certificate to show your date and place of birth.
A U.S. passport issued over fifteen years ago.

3. Proof of Legal Status in Canada
Present a copy of your Canadian Landed Immigrant document, Employment or Student Authorization, Minister's Permit, Visitor's Visa, Report of Birth Abroad of a Canadian citizen, or Certificate of Canadian Citizenship.

4. Identification
You must show one form of photo identification, such as a driver's license, student I.D., or Canadian passport.

5. Name Change - if applicable
If you would like your U.S. passport printed with a different name from the one that appears on the document you present as proof of U.S. citizenship, you must present evidence to reflect a legal name change, such as your marriage certificate, certificate of name change, or adoption decree.
If your name has changed more than once through marriage and your birth name does not appear on your current marriage certificate, you must also present evidence of the previous changes, such as the previous marriage certificate(s) and termination of the previous marriage(s).

6. Photographs
Note that this information supplements the information on the form itself.
Two recent, identical passport photographs.
Two inches by two inches (5 cm by 5 cm) in size, exclusive of any white borders.
The image size, from the bottom of the chin to the top of the head (including hair), should measure between one inch and one and three-eights inches.
There should be at least one-half inch between the top of the head and the top of the photograph's border.
The photographs must be in color. No black and white photographs will be accepted.
The background must be light in color, preferably white or off-white. Photographs should not be grainy.
You may smile for your passport photograph if you wish.

7. Fee - non-refundable
US$135 if you are 16 years of age or older: application fee is $110 + execution fee is $25
US$105 if you are under 16 years of age: passport application fee is $80 + execution fee is $25
You may pay by:
Cash in U.S. dollars or the equivalent in Canadian dollars.
Bank or postal money order, in U.S. dollars only, made payable to U.S. Consulate General or Embassy. Personal checks are not accepted.
Credit Card

8. Children
Additional restrictions apply in the case of U.S. passport applications for children under the age of 16. If you are applying for a passport for a child please also use the link below for the details of these additional requirements.

I would suggest to call the embassy

 

[roverb]

Yes actually I just read that. This is all so confusing.

 

[Leon]

I would second calling the embassy. They are the ones who are supposed to issue you the passport. Nobody else can really tell you what they can do for you and what they need from you. Good luck.

 

[roverb]

O.k. well I just emailed them and plan on calling tomorrow as well.

Still, what about the rest of the situation? Should or can I get married to my fiance before
my trip back home to the USA? I'd plan to file out or inland depending on the situation but
does it matter WHEN we marry?

 

[roverb]

Anyone? Would it matter much if we marry before I go back to the USA or should we wait until I get back into Canada? Or?

 

[canadianwoman]

I don't think when you marry will matter.